OpenCaseAsk a question

How long to respond to a motion for summary judgment?

Under the current Florida Rules of Civil Procedure, as amended by the Florida Supreme Court effective January 1, 2025, a defendant (or any nonmovant) must serve and file a response to a motion for summary judgment no later than sixty (60) days after service of the motion.

Rule and Analysis

Issue

What is the time limit for a defendant to respond to a motion for summary judgment under the updated Florida law?

Rule

The controlling rule is Fla. R. Civ. P. 1.510, as amended by the Florida Supreme Court in In re Amends. Fla. R. Civ. P. 1.510 & New Fla. R. Civ. P. 1.202, No. SC2024-0662 (Fla. May 23, 2024). The Florida Supreme Court modified the rule to tie the response deadline to the date of service of the motion, not the hearing date. The nonmovant’s response and supporting factual materials are due within 60 days after service of the motion for summary judgment.[1][2][3]

Application

Prior to this 2024 amendment, Florida’s summary judgment rule required the nonmovant to file a response at least 20 days before the scheduled hearing on the motion.[1] Under the new 2025 version of Rule 1.510, however, the timing is now fixed by the service date of the motion — providing a uniform deadline that better coordinates with case management orders under Fla. R. Civ. P. 1.200 and Fla. R. Civ. P. 1.201.[2] Therefore, once served with the motion, the defendant must serve a written response supported by affidavits or record evidence within 60 days.

Conclusion

A defendant in Florida must file and serve a written response to a motion for summary judgment within 60 days after the motion is served, as required by the amendment to Fla. R. Civ. P. 1.510 effective January 1, 2025.[3]

Summary:

  • Response due: 60 days after service
  • Effective date: January 1, 2025
  • Authority: In re Amends. Fla. R. Civ. P. 1.510 & New Fla. R. Civ. P. 1.202, No. SC2024-0662 (Fla. May 23, 2024)

Sources & References

  1. A New Practitioner’s Practical Guide to Summary Judgment
  2. Supreme Court alters deadline to respond to summary judgment motions
  3. Amendments to Rule of Civil Procedure 1.510 and new Rule 1.202

Related Questions

How is the 60-day summary judgment response deadline calculated when service is made electronically?What happens if a defendant fails to respond within 60 days to a motion for summary judgment?